Breath & Blood Tests

Tallahassee DUI Attorney

Breath and blood tests are an integral part of almost all cases involving DUI charges, and the results of these chemical tests are a frequently contested issue. Although these tests are relatively accurate ways of determining a person’s blood alcohol content, certain variables may contribute to inaccurate results at times. If you have been charged with drunk driving, you are going to need a skilled DUI defense attorney to examine and challenge the results of your blood or breath test. If it can make a difference to the outcome of your case, blood and breath test results should always be evaluated.

Blood Tests

When a person’s blood is drawn with the purpose of determining their blood alcohol content, many mistakes can be made which may lead to a result that is not accurate. Certain health conditions may also cause an inaccurate BAC reading from a blood test. A Tallahassee DUI lawyer from our firm will carefully examine your blood test to determine whether or not any of the following defenses apply to your case:

Fermentation: formation of alcohol in blood tube after draw and before analysis
Clotting or coagulating
Contamination
Chain of custody or wrong blood specimen.
Improper draw or improper administration of blood test
Unqualified blood test analyst

Breath Tests

Breath testing equipment has been known to produce many inaccurate BAC results, especially when certain environmental or health conditions are present. Breath testing machines must also be properly maintained, used, and calibrated, otherwise the results of the test could be wrong. The following are some common defenses to breath tests:

During the 15 minutes before the test, you burp, belch or have slight regurgitation of gas.
Vomiting, belching within 15 minutes of test - no rinsing of mouth, or inadequate deprivation period before retest.
You may not be a proper subject for breath testing. You have a physical problem or health limitation:
- gastric reflux, hiatal hernia or intestinal problem (e.g. Gastro Esophageal Reflux Disease, Irritated Bowel Syndrome, or Acid Reflux Syndrome) diagnosed and treated before date of arrest
- dental condition (e.g. gum disease/gingivitis/pockets around roots, dentures or bridgework which may trap mouth alcohol and contaminate a breath machine sample)
- respiratory problem (e.g. asthma, bronchitis, emphysema or chronic obstructive pulmonary disease)
Radio Frequency Interference from a cell phone, officer's radio, copy machine or other equipment with surge capabilities
You have had recent environmental exposure to volatile fumes (lacquer, gasoline, paint, dry cleaning fluids or even 409)
Unintentional alcohol (e.g. from Nyquil, Vicks Formula 44, lip balms, toothache drops)
Something in mouth containing alcohol (e.g. Breath Drops with SD alcohol)
You have diabetes, are borderline diabetic or are hypoglycemic and consume alcohol in any amount, causing conversion of high acetone levels into isopropyl alcohol

For more information about blood & breath tests and how they affect your case, contact a Tallahassee DUI Lawyer at the law offices of Jansen and Davis, P.A. today!